Butler Group, Inc. v. Munger

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BUTLER GROUP, INC., Plaintiff-Counter-Defendant-Appellant, v. Maynard MUNGER, an individual; Edward E. Munger, an individual, Defendants-Appellees, and David S. BOYD, an individual, Defendant-Counter-Claimant-Appellee. No. 91-15223. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1992. Decided Aug. 19, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 The Butler Group, Inc., appeals the district court's dismissal without prejudice for failure to prosecute. The underlying action involved a suit by Butler against Maynard and Edward Munger and David Boyd for various contract and tort claims involving a real estate lease. 3 Butler filed its complaint and a second amended complaint against Munger and Boyd on September 9, 1988, and on January 12, 1989, respectively. On October 22, 1990, the district court issued sua sponte an order to show cause why the…